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Terms & Condition

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Our Terms & Condition

Terms & Condition

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER.

THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.

The website www.fotocentreindia.com is operated and managed by Foto Centre India under the brand name of Foto Centre.

Foto centre provides for an online marketplace where it offers to sell their respective products to registered users of the website (“Buyers”).

The terms and conditions (the “Agreement”) set forth below and the standard terms and conditions that apply to and governs your use of the website www.fotocentreindia.com and the services available thereon constitute a legally binding agreement between Foto centre India (the “Company”) and you . This Agreement contains provisions that define limits, legal rights and obligations with respect to the use of the website www.fotocentreindia.com that is conceptualized, developed and hosted by the Company (hereinafter referred to as the “Platform”) including its classified services, forums, chats, classified advertisements, related sites (the “Content”) that applies to all the users of the Platform including without limitation users who are browsers, Suppliers, Resellers, merchants, or contributors of content (collectively, “User”).

The Platform is currently owned, operated and controlled by Foto Centre India.

By even merely visiting or accessing any part of the Platform or utilising any services offered on the Platform the Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform .

ACCEPTANCE OF TERMS OF USE:

User acknowledge and understands that the Platform serves as an online marketplace where the company offers to sell its products to registered users of the platform and by using, visiting, registering and/or otherwise accessing the Platform and by confirming that you have read the Terms of Use, you hereby certify that:

 

  • You have the authority to enter into these Terms of Use (ii) you agree to be bound by the Terms of Use and any other documents incorporated
  • You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction in which the Company conducts

IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).

 

USER ELIGIBILITY: 

  • User(s) represent and warrant that they have the right to access or use the Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the
  • The Platform can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions

ACCOUNT REGISTRATION

  • Users may access the Platform by registering to create an account and become a member. The membership is limited for the purpose of buying products, is subject to these Terms, and strictly not
  • As part of The Company’s registration process, User will select a username and password and be asked to submit, among other things, User email address, telephone number and other contact details. User may also create an account or login using your social networking pages such as Facebook and Google. By logging in and creating an account through these social networking sites, User allows the Company access to your public profile, friend lists, likes and other activities that may determine social behaviour. User will also have to provide additional optional information to the Company for providing User with a more customized experience when using the
  • Users agrees and warrant that all information provided to the Company for purposes of creating a user account (the “User Information”) will be true, accurate, current and complete and to update such information to keep it accurate, current and complete. User’s failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of User’s account. All information about User including User Information, any information

obtained by the Company as a result of User’s use of the Websites, and any information stored or transmitted in any way on or through the use of the Platform is subject to the Company’s Privacy Policy, which can be found here. The Company’s Privacy Policy is incorporated into these terms of Use by this reference.

 

  • User understands that User may not
  • select or use a name of another person with the intent to impersonate that person;
  • use the rights of any person without authorization; or
  • use a name that the Company, in its sole discretion, deems

User agrees that any information that User provides to the Platform, including but not limited to User Information, shall be true and accurate and current, and User is responsible for updating such information to keep it true, accurate and current. If User creates a user account with the Platform, User accepts responsibility for all activities that occur under User’s account or password and User agrees that the User will not sell, transfer or assign user account. User is responsible for maintaining the confidentiality of User’s password, if any, and for restricting access to User’s computer so that others may not access any password-protected portion of the Platform using User’s name, user name or password in whole or in part.

  1. Each user name permits one person to access the password-protected portion of the Platform and User shall not share the user name and password with any third party. User shall be solely responsible for any and all use of the Platform, including without limitation, any and all charges incurred by a third party, under or using User’s user name and password. If at any time, User suspects that User’s password has been compromised, User shall promptly notify the Company of the same at [email protected] and confirm such notice in writing. Upon receiving such telephonic and written notice, the Company will assign a new password to User without
  1. User agrees that any unauthorized use of the Platform, (or any Content derived therefrom) by User or by anyone using User’s user name or password may result in immediate suspension or termination of User’s user account by the Company, in its sole and absolute discretion, without refund of any pre-paid fees. The Company reserves the right to terminate or suspend User’s account ,User’s access, to and use of the Platform in the event that the information provided by the User during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or if the Users are found to be non-compliant with the Terms, Policies and/or the Privacy Policy as the case may be. In the event of such termination, User will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which the Company may be
  • The Users are required to enter a valid phone number while registering on the

Company’s Platforms. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of

 

subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.

 

  • Upon registration, the Users may be required to complete a verification process as part of setting up their
  • It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users
  • Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any

MODIFICATION OF TERMS OF USE:

The Company reserves the right to change these Terms of Use and or the Agreement at its sole discretion and at any time without personal notice to the User. If the Company makes a material change to these Terms of Use and or the Agreement it will update this page and post a notice on the Platform for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. It is the User’s responsibility to review these Terms of Use for any changes, and User’s access or use of the Platform after any changes made in the said  Terms of Use constitutes User’s acceptance of and agreement to be bound by all changes. If User do not agree to be bound by the changes, User must immediately stop using the Platform. Any amendments to these Terms of Use shall apply prospectively from the date on which it is made or added to the Terms of Use and or Agreement.

 

EXCLUSION OF LIABILITY: 

  • The platform provides an online market place enabling Users to place orders for the products sold by the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Users acknowledges herewith, that the company reserves the right to delist any product from the Platform in its sole
  • The Company lists availability information for products sold by the Company on the Platform, including on each product information page. Beyond what the Company says on that page or otherwise on the platform, the Company cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As the Company process User’s order, User will be informed by e-mail if any

products User order turn out to be unavailable. Company is not liable if the product dispatched does not get delivered with in the estimated time displayed.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.

 

USE OF THE PLATFORM BY THE BUYER:

  • The Users understands that any order that they place shall be subject to the terms and conditions set out in these
  • The Users agrees to provide current, complete and accurate purchase and account information for all purchases made at on the platform. The Company endeavours to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the
  • In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third party payment If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Platform.
  • The User understands that all the discounts and offers offered by the Company can be subject to any other terms in addition to these terms & conditions.

RESTRICTIONS ON USE

Platform is provided for lawful purposes only. By accessing or using the platform, User agrees and warrant that in connection with User’s use of the Platform User will not:

 

  • Manipulate the Platform in any way not intended and directed by the

Company. • Copy or seek to copy or “rip” any content from the Platform.

 

  • Exploit any part of the Platform for commercial gain or undertake any commercial activity utilizing the contents of the Platform in any way not intended and directed by the Company without the prior written consent of the Company.
  • Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
  • Any material that is false, unlawful, threatening, disparaging, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in The Company’s sole discretion is otherwise objectionable information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
  • Material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Platform or interferes with, overburdens, impairs or disrupts the Platform, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
  • Use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
  • Impersonate another person or entity; or
  • Engage in any conduct that in the Company’s sole discretion restricts the ability of any other person to enjoy the use of the Platform; or
  • Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about Users except unless provided by the User to
  • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
  • violates any law for the time being in force;

DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY:

  • The Company endeavours to make the Platform available during the Company’s working hours. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be
  • The Company does not warrant that the platform will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of accessing the
  • The Company does not represent or warrant that the information available on the Platform will be correct, accurate or otherwise
  • The Company shall not be liable for any misuse of the information shared by the Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or
  • The Platform may be under constant upgrades, and some functions and features may not be fully
  • The Platform is provided on an “as is” and “as available” The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.
  • The Company makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free;
  • any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be
  • The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this
  • The Company is not responsible and will have no liability for: (i) any content or products provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials from the Platform or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the
  • The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their
  • The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the In no event will the Company or its employees, affiliates, authors or

agents be liable to the Users or any third party for any decision made or action taken by the Users.

 

  • Interlia, the Company does not guarantee that:
  • The Platform will meet the Users’ expectations; or
  • The Platform will be accessible without interruption or in a timely, reliable, or fault- free manner; or
  • The results obtained through use of the Platform will be correct and reliable; or
  • The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s
  • The Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from the Platform
  • No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, unless stated

Losses

The Company will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both the User and the Company when the User commenced using the Platform.

 

Events beyond our reasonable control

The Company will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Users statutory rights.

 

PROPRIETARY RIGHTS: 

  • The Company owns, operates, licenses, controls, and provides access to the Platform. User acknowledges and agree that the Company and its licensors, retain all right, title and interest in and to all past, present and future Content, (excluding User Provided Content, i.e., materials, photographs etc), applications, software, content and materials provided on or through the Platform (including, without limitation, the audio-visual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Platform the compilation of all content and materials on the Platform and the business process, procedures, methods and techniques used in the Platform) and all associated copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the
  • “Foto Centre ” logo is a registered trademarks of Foto Centre India , and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the

Platform are the property of the Company unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. The Company’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages the Company and/or its name, image and goodwill.

 

  • All third-party trademarks, logos, photographs, images, audio and audio- visual content, programming, excluding other intellectual property contained on or within the Platform are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and the User agrees to look solely to the applicable third party and not to the Company to enforce any of User’s rights in relation thereto. Except as expressly set forth in these Terms of Use or otherwise expressly granted to User in writing by the Company, no rights (either by implication, estoppel or otherwise) in or to the Platform or their contents are granted to

USER PROVIDED CONTENT:

  • Portions of the Platform may allow User to upload information including but not limited to data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Platform (“User Provided Content”).
  • The decision to submit User Provided Content to the Platform is Users responsibility and User should only submit content that belongs to the User or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, you represent, acknowledge, and warrant
  • that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), • that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and
  • that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If User submits User Provided Content to the Platform on behalf of a group, organization or business entity, User represents that the User have the right to do so and that User have obtained any consents from the group, organization or business. Upon the request of the Company, User agrees to furnish the Company with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate Users compliance with this
  • The Company does not vouch for the validity, accuracy or credibility of any User Provided Content on the Platform, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Platform. Through User’s use of the Platform User may be exposed to content that User may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. The Company does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Platform, User assumes all associated risks, and the Company expressly disclaims any and all liability in connection with User Provided Content, addition to the above, User grants to the Company, without any credit or compensation to the User, a royalty-free, non- exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that the Company may publish or otherwise disclose your name in connection with the User’s User Provided
  • User acknowledges, consents and agrees that the Company may access, preserve and disclose account information and User Provided Content that the User provides if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to
  • comply with legal process,
  • enforce these Terms of Service,
  • respond to claims that any User Provided Content violates the rights of third parties,
  • respond to your requests for customer services, or
  • protect the rights, property or personal safety of The Company, its employees, partners and agents or members of the
  • The Company undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform. User acknowledge, consent and agrees that the Company may, at its sole discretion and without notice to User, review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, that the Company deems obscene, defamatory or libellous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that the Company believes to be in violation of these Terms of
  • User is solely responsible for all User Provided Content that the User makes available via the Platform. Under no circumstances will the Company be liable to the User in any way for any User Provided Content that User uploads, post,

or otherwise make available via the Platform, including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Uploaded Information. In addition, User hereby release the Company from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted by the Agreement, the Company acquires no title or ownership rights in or to any User Provided Content that the User submits and nothing in the Agreement conveys any ownership rights in the User Provided Content that User submits to the Company.

 

ACCURACY, COMPLETENESS AND TIMLINESS OF INFORMATION:

  • The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. The Users agree that the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users own risk.
  • The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference The Company reserves the right to modify the contents of the Platform at any time, but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform.
  • Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice. The Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or

PRIVACY:

Please review our Privacy Policy, which also governs Users visit to the Platform, to understand the Company practices. The personal information / data provided by the User during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

 

THIRD PARTY LINKS:

  • Certain content or products available via the Platform may include materials from third- parties.
  • Where the Platform contains hyperlinks to websites operated by third parties these linked websites are not under the control of the Company and the Company is not responsible for the contents of any linked website. The Company provides these hyperlinks to User for convenience only and the inclusion of any link does not imply any endorsement of the linked website by the Company. Users link to any such website entirely at User’s own

The Company does not: 

  • (a) Make any warranty, express or implied, with respect to the use of the links provided on, or to, the Platform;
  • (b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to the Platform; or
  • (c) Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the
  • The Platform may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertiser, which User can accept by linking to the third party advertisers and are not recommendations or endorsements by the Company. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services User agrees to purchase from the third party website.
  • The Company is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment User use to access the
  • User understands that the Company and/or third party contributors to the Platform may choose at any time to inhibit or prohibit their content from being accessed under the Terms of
  • Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

OPTIONAL TOOLS:

  • The Company may provide you with access to third-party tools over which Company neither monitors nor has any control nor
  • The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Any use by the Users of the optional tools offered through the Platform is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  • The Company may also, in the future, offer new features through the Platform (including, the release of new tools and resources). Such new features shall also be subject to these Terms of

SECURITY COMPONENTS: 

  • The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:

  • If, at the Company’s request, User sends certain specific submissions (for example contest entries) or without a request from the Company User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), User agrees that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that User forwards to the The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • The Company may, but have no obligation to, monitor, edit or remove content that the Company determines in sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of
  • User agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. User

further agrees that Users comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. User may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. Users are solely responsible for any comments User makes and their accuracy. The Company takes no responsibility and assume no liability for any comments posted by Users or any third-party.

 

FORCE MAJEURE:

  • The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.

EQUIPMENT AND INTERNET ACCESS:

  • User understand and agree that User is responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the platform. Users are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Platform through an Internet access provider or other third-party service, including any applicable taxes

TERMS OF USE GOVERNS:

  • It is understood and agreed by and between the parties that if there is any conflict between the Agreement and any other document not signed by the Company, these Terms and conditions will govern

MODIFICATION OR TERMINATION OF THE PLATFORM:

  • The Company reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently the Platform or any part thereof, with or without notice and in its sole discretion. You agree that the Company shall not be liable to User or to any third party for any modification, suspension or discontinuance of its Services. User hereby acknowledge that the Company, in its sole and absolute discretion, has the right to delete, terminate or deactivate your account, block email or IP address or otherwise terminate Users access to or participation in the use of the Platform, or remove or guard any content on the website, immediately and without notice for any reason, including without limitation, account inactivity, or if the

Company has the reason to believe that User has violated any provision of the Agreement. Upon termination of your Account, Users right to participate in the Platform, including but not limited to, to offer or avail of Services shall automatically terminate. In the event of termination, Users account will be disabled and User may not be granted access to your Account or any files or other data contained therein.

Notwithstanding the above, residual data may remain in and with the Company system. Upon Termination of Users account, all licenses granted to the User hereunder, will immediately terminate and User shall promptly destroy all copies of the Company’s data, marks and other content in your possession or control

 

WAIVER: 

  • The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or

EXCLUSIVE REMEDY:

The Company, its Directors, Officers, Employees, Agents, Representatives, Members, Joint Venturers, Licensors, Suppliers, Vendors, Distributors, Advertisers and other Contracting Parties, shall not Be liable to you for any claims arising from or related to the Agreement, the Privacy policy or your use of the Platform or any content, whether in Contract, Tort, Strict Liability or otherwise, or for any actual, incidental, indirect or consequential loss or damage. Howsoever,caused, provided that nothing herein will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. To the maximum extent permissible under applicable law, the aggregate liability of the Company and its Directors, Officers, Employees, Agents, representatives, members, joint venturers, Licensors, Suppliers, Vendors, Distributors, Advertisers and other contracting parties, or any of them, to you or any third party in any circumstance shall be limited to and in no event exceed an amount equal to the amount you paid to the Company for paid services in the 12 months immediately preceding the event giving rise to such claim. User specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

INDEMNIFICATION:

User agrees to indemnify, defend and hold harmless Foto Centre India and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY:

  • In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining

TERMINATION:

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all
  • These Terms of Service are effective unless and until terminated by either User or the Company. User may terminate these Terms of Service at any time by notifying us that User no longer wishes to use the Company’s Services, or when User cease using the Platform.
  • If in the Company’s sole judgment User fails, or the Company suspects that the User have failed, to comply with any term or provision of these Terms of Service, The Company also may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the Services (or any part thereof).

ENTIRE AGREEMENT:

  • The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or
  • These Terms & Conditions and any policies or operating rules posted by the Company on the Platform or in respect to The Service constitutes the entire agreement and understanding between the User and the Company and governs User’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and the Company (including, but not limited to, any prior versions of the Terms of Service).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting

GOVERNING LAW:

  • User’s rights and obligations, and all matters contemplated by these Terms & Conditions shall be governed by the laws of India and the courts at Mumbai shall have exclusive jurisdiction with respect to any claims or matters arising out of or in relation to the terms and conditions

POLICIES:

  • Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Platform from time to The Company holds the right to change these policies as required in the Platform without any permission from the Users.

NOTICES: 

  • All notices or demands to or upon the Company shall in writing and shall be deemed to be duly made when sent the Company’s registered address
  • All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly
  • Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly

MISCELLANEOUS: 

  • Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such
  • The Company shall have the right to assign its obligations and duties in these Terms to any person or
  • All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and

Any complaints or concerns with regard to the Platform or any breach of these Terms or Privacy Policy can be directed to the Company in writing at the Company’s registered address or through an email signed with electronic signature sent to [email protected]

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